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STATE v. GUTIERREZ

No. S-1-SC-36394.

482 P.3d 700 (2019)

2021-NMSC-008

STATE of New Mexico, Plaintiff-Appellee, v. David GUTIERREZ II, Defendant-Appellant.

Supreme Court of New Mexico.

Order on Rehearing November 5, 2020.

Attorney(s) appearing for the Case

Stephen D. Aarons , Aarons Law Firm PC, Santa Fe, NM, for Appellant.

Hector H. Balderas , Attorney General, Marko David Hananel , Assistant Attorney General, Santa Fe, NM, for Appellee.

James Walker Boyd , Carter B. Harrison , Peifer, Hanson & Mullins, P.A., Albuquerque, NM, for Amicus Curiae, New Mexico. Criminal Defense Lawyers Association.

OPINION

{1} In 2002, Defendant David Gutierrez shot and killed a man. Gutierrez disclosed this fact to his wife and threatened to kill her if she ever told anyone about the murder. They divorced a short time later. Gutierrez remarried and also told his second wife about the murder. By the time of his...

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